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Minutes of the April 5, 2005 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Second Floor Conference Room, 4295 South Buffalo Street, Orchard Park, New York at 7:00 PM, present were the following:
MEMBERS PRESENT:
Richard Schechter , Acting Chairman
Ann Bergantz
Frank Newton
David Ward
George Schichtel
EXCUSED: James Loesch, Chairman
Thomas Jaeger
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Council member Mrs. Nan Ackerman
Frank Brzezinski, Landscape Architect
David Walh, petitioner
Marc Mussachio, Mussachio Architects
Gerald Hood, Landscape Architect
John Schleyer, Krog Corporation
Craig Richardson, CK & Associates
OTHER ATTENDEES: Sarah Tranum, “Southtowns Citizen”
Jim Ball interested parties:
E. J. Hamm, Mr. & Mrs. Doug Cloud, Theresa Schosek, Ruth Zak, Raymond Waite, Len Kowalczewski
Raymond Waite, Alice Ronald
Beverly Hammersmith
Acting Chairman Richard Schechter called the meeting to order at 7:00 p.m. by stating that any person before this Board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard park must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
The Acting Chairman recused himself from voting in cases #8-05, #31-04 and #27-04 as he has had business relationships with these petitioners.
APPROVAL OF MINUTES:
MOTION made by David Ward, seconded by Anne Bergantz, to accept the minutes of the March 1, 2005 meeting.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #8-05, North Forest Development, Vacant land, west side of Redtail Road (part of Sterling Park), north of Milestrip Road, east of Route 219, Zoned I-1. Requesting a Building Permit to construct two (2) office buildings totaling 31,000 sq.ft. Town Board referred to Planning Board on 2/16/05.
Landscape Architect: Frank Brzezinski, Landscape Architect
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Plan Number: L-1
Date of Plan: 1/27/05
Date Plan Received: 1/31/05
This case had been tabled at the March meeting. Mr. Brzezinski told the Board that the plan has been revised to reflect the changes that were suggested by the Board during the March 1, 2005 meeting. (Plantings were to be made in groupings.) The Board reviewed the plan and agreed that they were pleased with the revised plan.
MOTION made by Dave Ward, seconded by Anne Bergantz, to approve the revised plan.
The Acting Chairman moved that the Conservation Board accept the landscape plan as revised; all lighting is to be directed downward toward the site; any dumpster is to be screened; a Landscape Completion Bond in the amount of $25,114 or a certified check for 1/2 the amount of the landscaping ($12,557.00) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #9-05, proposed Walh Performing Arts Center, Vacant land, south side of Southwestern Boulevard across from St. John Vianney church, Zoned B-2. Requesting a Building Permit to construct a 4,162 sq.ft. building to be used as a performing arts center. Town Board referred to Planning Board on 3/2/05.
Landscape Architect: Frank Brzezinski, Landscape Architect
Plan Number: L-3
Date of Plan: 2/01/05
Date Plan Received: 2/02/05
This case had been tabled at the March meeting. Mr. Brzezinski told the Board that the neighbor, Mr. Sedgwick, had been contacted regarding the proposed landscape plan and buffering and he had indicated to Mr. Brzezinski that he was pleased with the project. The Acting Chairman read a correspondence that had been submitted from Mr. Sedgwick, S-2931 Southwestern Boulevard confirming that he had no objection to the proposed landscape plan. This letter will be entered into the permanent file. Mr. Brzezinski told the Board that shrubs would be planted to provide additional screening along the condenser units, per the Board’s request.
MOTION made by George Schichtel, seconded by Anne Bergantz, to approve the revised plan.
The Acting Chairman moved that the Conservation Board accept the landscape plan as revised; all lighting is to be directed downward toward the site; any dumpster is to be screened; a Landscape Completion Bond in the amount of $9,280 or a certified check for 1/2 the amount of the landscaping ($4,640.00) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
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3. C.B. File #36-04, proposed Jim Ball Auto Center, Vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, Zoned B-2 Special Exception Use. Requesting a Building Permit to construct a new auto center facility, including a 12,000 sq.ft. car wash, service and accessory sales building and a 16,855 sq.ft. auto dealership building. Town Board referred to Planning Board on 3/2/05.
Landscape Registered Architect: Gerald Hood
Project Engineer: Marc Mussachio, Mussachio Architects
Plan Number: A-12 (revised 3/1/05)
Date of Plan: 1/21/05
Date Plan Received: 3/1/05
This case had been tabled at the March meeting. Mr. Hood told the Board that his client has addressed the two remaining issues: (1) additional plantings in the islands and (2) to contact the neighbors and discuss buffering.
With regards to the additional island plantings, the Board verified with Mr. Hood the types of plantings to be installed. Mr. Hood told the Board that ornamental tall grasses would be used in the island areas, in addition to Ash and Crab apple trees.
With regards to the neighbors having all been contacted and giving Mr. Ball the “okay” to provide plantings (Austrian Pine trees) on their property, several of the residents present disputed this. After an in-depth discussion, the neighbors agreed that the best solution would be to have Mr. Ball erect a privacy fence on the developmental side of his property to help screen the seven most affected neighbors. The Board also discussed ways to achieve further screening and gain additional area for plantings and the proposed privacy fence. Ideas included eliminating the islands, re-locating the roadway, using an under ground drainage system and having the conservation easement area reduced in the area adjacent to the most affected neighbors so that additional landscape buffering can be installed. To block light emissions onto the residential properties it was suggested to add height above the proposed fence with plantings. Mr. Schichtel noted that he would want to research the possible plantings that could be used. He also noted that a wood fence would not be long lasting. The Board noted that Mr. Ball would be responsible for maintaining the fence in perpetuity.
The aspect of lessening the conservation easement area in order to mitigate the neighbors concerns was discussed. Council member Nan Ackerman stated that she would do everything that is possible for the neighbors. She supports the idea of allowing mitigation of the conservation easement area in order to provide a greater buffer area.
The Acting Chairman established with Mr. Mussachio that Mr. Ball would be willing to erect a privacy fence, as high as allowed, on his side of the property with disturbance to the conservation easement area being kept to a minimum. He also noted that at this time, the Board is not reviewing the proposed conservation easement as it has been presented as part of the overall plan. The Town Board will determine if the conservation easement area can be altered to provide additional area for buffering. The applicants were also informed that utility poles are not permissible in the easement area and that they must be relocated. The Acting Chairman told the residents present that the drainage concerns expressed would be addressed during the Planning Board review process. The members told Mr. Hood that they found the
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plan presented difficult to review and they asked that he clearly identify the plantings on future submittals.
Mr. Waite, an adjacent resident of the proposed site, submitted photos showing test borings performed by the applicants. He told the Board that he believes these were done within the conservation easement area. The members noted that the conservation easement area is not to be disturbed. The Board told Mr. Mussachio that as a sign of good faith a construction fence must be erected around the easement area at once. Council member Mrs. Ackerman told Mr. Mussachio that this area must be protected.
The Board members and Council member Mrs. Ackerman concurred that it is important that the homeowners concerns be addressed.
The Acting Chairman requested that the applicants submit a revised plan based on the comments made. When the revised plan is received, the neighbors will be contacted to review it in the Planning office, prior to the next Conservation Board meeting.
4. C.B. File #31-04, Benderson Development Co., Inc. 3165 Southwestern Boulevard (vacant land northeast of Lowe’s), Zoned B-2. Requesting a Building Permit to construct a 7,560 sq.ft. restaurant/retail building. Town Board referred to Planning Board on 10/20/04.
Landscape Registered Architect: Robert Trybulski
Project Engineer: Carmina & Wood Plan Number: C-7
Date of Plan: 10/04
Date Plan Received: 12/20/04
Mr. Rumsey presented and explained the plans for a proposed 7,560 sq.ft. building. The total green space is 41%.
Mrs. Bergantz established that the applicant would plant trees for additional screening along the proposed fence on the east side of the property. Mr. Newton noted that the proposed fence would help the residential neighbor to the east’s situation with privacy and litter. It was noted that the dumpster location is not shown correctly on the site plan.
Mr. Schichtel commented positively on the proposal and feels confident that landscape architect Robert Trybulski will choose the appropriate selection of trees to be planted along the fence. He asked Mr. Rumsey if it would be possible to have the island areas irrigated and Mr. Rumsey told the members that he believed it would be.
MOTION made by Anne Bergantz, seconded by George Schichtel, to approve the plan as modified; trees are to be planted along the privacy fence at the western edge of the property. The island areas shall be irrigated, if possible; all lighting is to be directed downward toward the site; any dumpster is to be screened; a Landscape Completion Bond in the amount of $17,685 or a certified check for 1/2 the amount of the landscaping ($8,842.50) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering
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Department of the drainage plan.
THE MOTION WAS UNANIMOUSLY APPROVED, CONTINGENT UPON RECEIVING A REVISED PLAN SHOWING THE DUMPSTER’S NEW LOCATION, THE PRIVACY FENCE, IRRIGATION IF POSSIBLE AND TREES TO BE PLANTED ALONG THE FENCE, AS DISCUSSED.
5. C.B. File #27-04, The Krog Corporation, Vacant land, east side of Cobham Drive, north of Big Tree Road (Quaker Centre), Zoned I-1. Requesting a Building Permit to construct a 35,000 sq.ft. building. Town Board referred to Planning Board on 9/15/04.
Mr. Schleyer presented and explained the landscape plans for “Genius Tools” to the members. The proposed building would initially be 25,000 sq.ft in size, with a 10,000 future addition. The facility will employ a maximum of 15 employees. The parking plan presented shows required parking spaces and future proposed parking.
The members had positive comments regarding this project.
MOTION made by David Ward, seconded by George Schichtel, to approve the plan as presented; all lighting is to be directed downward toward the site; any dumpster is to be screened; a Landscape Completion Bond in the amount of $14,851 or a certified check for 1/2 the amount of the landscaping ($7425.50) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
OTHER BUSINESS
1. Conservation Easement request - Albert & Antoinette Baratto, 7560 Jewett Holmwood Road. Requesting a perpetual Conservation Easement on 5.6 acres. Tabled by the Conservation Board on 3/1/05.
The members discussed accepting the request exclusive of the improvement being carved out.
MOTION made by Frank Newton, seconded by Ann Bergantz, to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
2. Conservation Easement requests:
· Henry Lewandowski, 6106 Cole Road. Requesting a 15-year Conservation Easement on 34.66 acres. Report from Mrs. desJardins.
Sarah desJardins reviewed the property and recommended approving the easement request.
MOTION made by Frank Newton, seconded by Ann Bergantz, to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
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· Ronald & Amy Banks, 6387 South Abbott Road. Requesting a perpetual Conservation Easement on 5.72 acres. Report from Mrs. desJardins.
Mr. Newton noted that he had observed that the land had been disturbed.
MOTION made by Ann Bergantz, seconded by David Ward, to approve the easement request contingent upon investigation.
MOTION UNANIMOUSLY APPROVED.
· Michael Cellino, 6855 Chestnut Ridge Road. Requesting a 50-year Conservation Easement on 40 acres. Report from Mr. Schichtel.
MOTION made by Ann Bergantz, seconded by Frank Newton, to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
· Beverly Hammersmith, 6243 Benning Road. Requesting a perpetual Conservation Easement on 28.1 acres. Report from Mr. Newton.
MOTION made by Frank Newton, seconded by Ann Bergantz, to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
Richard Maul, 3735 Baker Road. Requesting a perpetual Conservation Easement on 16.5 acres. Report from Mrs. desJardins.
MOTION made by David Ward, seconded by Ann Bergantz, to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:45 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Rose Seivert, Secretary
Richard Schechter
Acting Chairman
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